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Property issue due to registered will
22-Sep-2023 (In Property Law)
MY question is ,We have a land in my native its in the name of my mother. In family divided this land 20 years back and its registered to my father . My father expired on 24/2/2004, after that its transferred to my mother . After my father expired . My grand father mad a registered will in the name of my uncle(My father younger brother) by giving reason he will taking care of me. My question is, this land already partitioned 20years back and now its in my mother name . Still my grand father having rights to Make will? last year my grand father expired and now my uncle put probate case ....Please suggest me , we are facing lot of problems from last 2 years
receiving the notice of the probate case filed by your uncle. Now to take the defence that the what is partitioned aಂlong the back. You have not told whether the partition was done under a registered written document Or was it a unregistered .
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Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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Once the Partition Deed comes into effect, each share in the property becomes an independent entity. Each divided share of the asset gets a new title. Also members surrender their claim in the shares that have been allocated to the other members. The partition deed is a title deed, once the title has been declared for each individual than the will can be only in respect of that particular share of individual and not that whole property.
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Adv. Anik
Bangalore / Bengaluru | 400+ Answers
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